CrPC Section 256
Section 256 – Power to dispense with personal attendance of accused
Text of Section 256 CrPC:
(1) When a Magistrate is empowered to try an offence summarily, and the accused appears before him by a pleader or otherwise, or appears before him in person and states that he has no objection to the Magistrate passing sentence against him, the Magistrate may, after hearing the prosecution, pass such sentence as he thinks fit in accordance with the law without requiring the attendance of the accused at any subsequent stage of the case.
(2) No order under this section shall be passed unless the Magistrate is satisfied that the accused has had an opportunity of being heard.
Explanation:
This section is used in summary trials (which are faster trials for certain minor offences).
It allows the Magistrate to proceed without requiring the accused to be personally present at every stage, if:
The accused appears once (either personally or through a lawyer),
And the accused expressly consents to the Magistrate passing sentence without further personal attendance.
The Magistrate must still hear the prosecution before passing any sentence.
The Magistrate must ensure that the accused has had a fair opportunity to be heard before making such an order.
Key Points:
It applies only to summary trials.
It helps speed up the process by dispensing with the accused’s attendance at every stage.
Protects accused’s right to a fair hearing by requiring consent and opportunity to be heard.
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